News
IPR laws – Certain provisions set to be decriminalised while penalty provisions being omitted for certain offences
14 八月 2023
The President of India has on 11 August 2023 granted her assent to the Jan Vishwas (Amendment of Provisions) Bill, 2023. The Act seeks to decriminalise some 183 provisions in the 42 Central Acts administered by 19 Ministries/Departments. The Act provides for pragmatic revision of fines and penalties commensurate to the offence committed, establishment of Adjudicating officers and Appellate Authorities, and periodic increase in quantum of fines and penalties.
Patents Act, and not Competition Act, to govern conditions in agreement of licensing or abuse of status as Patentee
17 七月 2023
The Division Bench of the Delhi High Court has held that for patents, unreasonable conditions in agreements of licensing, abuse of status as a patentee, inquiry in respect thereof and relief that is to be granted therefor, are all to be governed by the Patents Act, 1970 and not by the Competition Act, 2002.
50th Meeting of GST Council – Highlights
11 七月 2023
The GST Council recently held its 50th Meeting on 11 July 2023. The meeting held after approximately 5 months saw many important decisions on various topics, including that on taxing online gaming and that on GST Appellate Tribunal. The Council has also attempted to tackle several complex and controversial issues that have plagued the industry with uncertainty for the last six years.
Copyright in screenplay of a film vests with the author and not the producer of the film
04 七月 2023
The Delhi High Court has held that in a case where the author of the screenplay of the film is engaged pursuant to a contract with the producer, against remuneration, copyright in the screenplay would vest with the author and not in the producer.
NCLAT has no power to review its own judgment, but it can recall a judgment in exercise of its inherent jurisdiction
26 六月 2023
A five-Member Bench of the National Company Law Appellate Tribunal (‘NCLAT’) has held that NCLAT is not vested with any power to review its own judgment, however, in exercise of its inherent jurisdiction it can entertain an application for recall of judgment on certain grounds. The Tribunal was of the view that it has an inherent jurisdiction to recall a judgement which was made with procedural lapses...
Competition law – CCI is not a grievance redressal forum against regulatory decisions of regulators
19 六月 2023
The Delhi High Court has held that the Competition Act, 2002 does not contemplate the Competition Commission of India (CCI) to act as an appellate court or a grievance redressal forum against decisions taken by other regulators, in exercise of their statutory powers and which are not interfaced with trade or commerce.
Earth-moving equipment not covered as ‘automobiles’ – Repacking of parts of earth-moving equipment was not ‘deemed manufacture’ prior to 29 April 2010
12 六月 2023
The 3-Member Bench of the Tribunal has held that packing or repacking of parts, component and assemblies of earth moving equipment would not amount to deemed manufacture under Section 2(f)(iii) of the Central Excise Act, 1944 read with the Third Schedule thereof, for the period prior to 29 April 2010.
Computer program resulting in technical effect/contribution eligible for patent protection
05 六月 2023
The Delhi High Court has held that an invention should not be deemed a computer program per se merely because it involves algorithms and computer-executable instructions. According to the Court, rather, it should be assessed based on the technical advancements it offers and its practical application in solving real-world problems.
Angel Tax: A proposal for reforming valuation rules
26 五月 2023
To deter generation and use of unaccounted money through subscription of shares of a closely held company, Finance Act, 2012 introduced Section 56(2)(viib) in the Income Tax Act, 1961. The Finance Act 2023 extended the ambit of Angel Tax to even non-resident investors. Considering the challenges posed by the aforesaid amendment, the CBDT has issued a press release on 19 May 2023 proposing certain legislative changes.
Credit note issued to dealer in consideration of replacement of defective part under warranty is exigible to sales tax
24 五月 2023
A Larger Bench (3-Judge Bench) of the Supreme Court has held that a credit note issued by a manufacturer to a dealer of automobiles in consideration of the replacement of a defective part in the automobile sold pursuant to a warranty agreement, being collateral to the sale of the automobile, is exigible to sales tax.